Private Landowner regs

[GRTWICCRABBER]

As a private landowner on the water what regulations other 2 pots per household occupants.  Is there a distance limitations or time frame that I can't crab! Thanks to all that respond!!

[DocSmith]

Depends on the State you live in.

  Doc

[GRTWICCRABBER]

Yeah thought I left out something!  Live off the Great Wicomico River Va

[jack1747]

http://www.mrc.state.va.us/recfish&crabrules.htm

[GRTWICCRABBER]

Now I read one of your post saying you could only work the pots between 5am to 1 or 2.  Now does that just apply to rec. crabbers since i don't have to get a rec. crabber license since im a private landowner.   I could work the two i have anytime??

[GRTWICCRABBER]

Where do you crab Jack,  no specifics just general area of the Bay?

[TomPowers]

You can crab your two RECREATIONAL pots per person 7/24.  Technically I believe that each person should be present when their pots are worked.  I do not know how much that is enforced.

Remember that you have to have cull rings in your pots.  

The possession limit is one Bu of hard crabs or 24 peeler crabs per person (because you are not on a boat.).  I still have ont figured how many peeler crabs you can have it you have a bu of hard crabs.

From June 1 to Sept 15. You can not set crab pots in the deep water sancturary which goes along the 30 foot line from Thimble Shoals light To Cape Charles to the MD line, across the bay down the western shore (excluding the rivers) and back to the Thimble Shoals light.  None of these areas are next to the shore.  

It is legal to recreationally crab in the lower bay sancturary which begins at the point of origin of the center line of the Hampton Roads Bridge Tunnel facility where such facility commences in the City of Norfolk, Virginia, and following the shoreline in a general easterly direction, and also extending 200' out from the mean low-water mark of such shoreline into the Chesapeake Bay, to Harrison's fishing pier, Ocean View, and thence in a general northerly direction to Thimble Shoal Lighthouse; thence running in approximately a northeasterly direction to Cape Charles Lighthouse, located on Smiths Island; and thence in approximately a southwestern direction to Cape Henry Lighthouse, and bounded by the shoreline; and thence following the shoreline in a general westerly direction back to the point of beginning.

There are some restrictions within Little Creek/Pretty Lake in Norfolk.  I know you can not commercially crab there but I am not sure about recreational crab pots.

There is also a closed area near Tangier Island details at:

http://www.mrc.state.va.us/fr240.htm

Tom

[jack1747]

Now I read one of your post saying you could only work the pots between 5am to 1 or 2.  Now does that just apply to rec. crabbers since i don't have to get a rec. crabber license since im a private landowner.   I could work the two i have anytime??

thats for commercial crabbers

[jack1747]

Where do you crab Jack,  no specifics just general area of the Bay?

Pocomoke sound, in the area of Sanford.

[jack1747]

GRT,

Go with the $29 rec license,  if your water front and on good water.  You can get a license for each person in your family if you would want to but remeber that that person must be in the boat when fishing the pots.  10 pots will give you more than enough crabs during the season when its in full swing.  At least a bushel every other day.  Just pick out the real nice ones to make up a meal and let the rest go.  By the first of August you will be sick of crabs!  

[GRTWICCRABBER]

Is it possible to get sick of CRABS!!! lol  Thanks Tom and Jack.

[jack1747]

eat anything every other night for 5 months  the thrill is in the chase

PS: I have had crabs on Christmas day, caught not bought.  Yes in Virginia. You know why most crabbing comes to a stop around labor day?  Because folks start thinking about roast beef, turkey, gravy and potatoes

[Tom Powers]

If you have a 5 pot license you can NOT legally work them on Sunday.

Tom

[jack1747]

the sunday rule it sucks

[TomPowers]

You don't have to tell me.  I have tried to get it changed the past three years running.

Tom

[CRABGUY]

AND I THANK YOU ONCE AGAIN FOR YOUR EFFORTS TOM
YOU CAN ALWAYS HAND LINE OR TAKE THE WIFE/BOSS AND JUST WORK 2 POTS

[jack1747]

interesting.  with a rec license could I pull 2 pots?  what do you think Tom

[GRTWICCRABBER]

I can get some relatives to move in, so my pot count can go up!!  LOL

[Tom Powers]

The following are all snipits from the state code and administrative code.  

This is the law that actually applies the Sunday rule to 5 pot licenses.

4 VAC 20-670-30. GEAR RESTRICTIONS.

B. It shall be unlawful for any person to use more than five crab pots or more than two eel pots when licensed for recreational purposes under this chapter.

C. Any law or chapter applying to the setting or fishing of commercial gill nets, cast nets, dip nets, crab pots, crab traps or crab trot lines shall also apply to the gear licensed under this chapter when set or fished for recreational purposes, except that: 1) certain commercial gear used for recreational purposes shall be marked in accordance with the provisions described in section 4 VAC 20-670-40, 2) the daily time limits for commercial crab potting and peeler potting established in Regulation 4 VAC 20-270-30 shall not apply to the setting and fishing of recreational crab pots licensed under this chapter., and 3) the closed season and area established in Section 28.2-709 of the Code of Virginia shall not apply to the setting and fishing of recreational crab pots licensed under this chapter.

4 VAC 20-670-40. GEAR MARKING REQUIREMENTS:  A. Buoys of any crab pot, eel pot, gill net or ordinary crab trotline, used for recreational purposes, shall be marked with the licensee's last 4 numbers of his or her social security number or driver's license number, preceded by the letter "R".

and in state code.

§ 28.2-226. Exemptions from licensing requirements.

A. The following activities are exempt from the licensing requirements of this subtitle:

1. Except as otherwise provided by regulation, taking by dip net, hand line, or two crab pots, as much as one bushel of hard crabs and two dozen peeler crabs in any one day for personal use only.

That is the law we can debate what it means.  Me I think that

IF you are using a two pot exception then you are not a licensee under the gear marking section.  So you pots do not have to have the R#### on it.  But lets say you had them on there anyway.  Not being a licensee under 4 VAC 20-670 means that you do not have to follow th e Sunday Closure rule.

IF you have 5 pots in the water with your number on them you can not touch any on Sunday. PERIOD.

IF you have two pots per person on the vessel in the water each pair with different numbers on the bouys then you can fish them on Sunday independent of possession of a license because you are then fishing under 28.2-226. Exemptions from licensing requirements.  

IF you worked 5 pots all week AND took your two kids on on Sat. AND changed three of the bouys to their numbers, THEN you pulled them on Sunday, I THINK that you would be legal.

Now all that being said I have no idea what an MPO will do or what a judge will do but that is what I think.

While we are on the subject.  

The recreational gear licenses, just like your recreational fishing license is not transferable.   The license holder has to be on the vessel when the gear is being worked.

The maximum number of crab pots an INDIVIDUAL is allowed to have in the water is 5.  So you can not use your 5 pot license and the two pot exemption at the same time and set 7 pots out.

Tom

[jack1747]

i agree, was hoping you would see it the other way.  Just wishfull thinking.